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The Supreme Court of India clarifies the limitation period under Section 34, pending an application under Section 33 of the Arbitration and Conciliation Act, 1996
In a significant ruling in National Highway Authority of India vs. T. Younis and Anr.1, the Supreme Court of India (“Supreme Court”)…
Simone K. Lelchuk, Esq., Joins JAMS in New York
Nationally recognized settlement fund administrator and mediator joins JAMS as a mediator and court-appointed neutral (special master/referee)…
A High Court exercising writ jurisdiction cannot decide the arbitrability of ‘excepted matters’ under a works contract
The Supreme Court of India (“Supreme Court”), in GVV Constructions Private Limited vs. Union of India and…
Where Claims Are Run vs. Where Disputes Originate
The global market for international arbitration is split by a structural geographic divide: major law firms concentrate practice leadership where…
Where Arbitration ends and the PMLA prevails: Interplay between the Arbitration Act and PMLA
The interplay between the Prevention of Money-Laundering Act, 2002 (‘PMLA’) and the Arbitration and Conciliation Act…
Puerto Rico Supreme Court Clarifies Employee Exhaustion Requirements Under Puerto Rico’s Workplace Harassment Act
In its first decision interpreting Puerto Rico’s Act to Prohibit and Prevent Workplace Harassment, Act No. 90 of August 7, 2020 (“Act 90”), the…
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract
Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full…
Insurance Claims and Admissions of Liability: The Importance of Reserving Rights
The phrase “liability being otherwise admitted” has been used in insurance policies for decades across the global industry. It may appear in the…
On Deck and Out of Time - English Court of Appeal clarifies HVR time bar and deck cargo requirements
The Court of Appeal’s judgment in Batavia Eximp & Contracting (S) Pte Ltd v Pedregal Maritime SA (TheTaikoo Brilliance) [2026] EWCA Civ 1158 offers…
SOPA is not fundamental public policy: NSW Supreme Court confirms the narrow scope of the public policy exception to enforcement of arbitral awards
In Qube Re Services (No 2) Pty Limited v Martinus Rail Pty Ltd [2026] NSWSC 717, the Supreme Court of New South Wales enforced partial arbitral…
Court orders limited redaction of judgment for reasons of arbitral confidentiality
In an earlier article, we looked at the Court’s decision to order limited disclosure of confidential arbitral materials due to…
From Arbitral Award to Asset Recovery: Dwelling on Drafting Gaps in Cross-Border M&A
International arbitral awards under the New York Convention framework routinely achieve prompt legal recognition. However, the subsequent asset…
No issue estoppel preventing challenge to enforcement of arbitration award on ground of state immunity
We have previously reported on related proceedings involving allegations by the former majority shareholders in OAO Yukos Oil Company that the…
First Circuit affirms denial of motion to compel arbitration, holding that credit card company waived its right to arbitrate by refusing to pay filing fees in prior arbitration
The First Circuit recently affirmed the denial of a motion to stay litigation and compel arbitration, holding that a credit card company waived its…
Commercial Disputes Weekly Issue 297
The Commercial Court was asked to consider whether a vessel remained on hire when it left the port of Warri due to the piracy risk…
Scrutiny from regulators outside Japan: Challenges for Japanese companies - Episode 17: Third-Party Committees - ‘own goal’ no. 1
Japanese companies often establish a Third-Party Committee (TPC) to investigate allegations of misconduct in Japan. The TPC comprises at least three…
Performance bonds: TCC confirms the high threshold for restraining bond calls
In TTSJV WLL and others v Bapco Refining BSC [2026] EWHC 2047 (TCC), the TCC confirmed that, absent fraud, a party seeking to restrain a call on an…
贸仲紧急仲裁裁决境外执行遇阻 ——新加坡[2026] SGHC 186号判决评析及实务启示
近日，新加坡高等法院的[2026] SGHC 186号判决中，法官以中国法下紧急仲裁员不享有作出保全措施的法定权力、且当事人之间不存在明确约定为由…
SC: Section 37 Appeal Cannot Be Remitted To Arbitral Tribunal For Adjudication Under Section 17
The Hon’ble Supreme Court has, Union of India & Ors. V. Hariom Projects Pvt. Ltd. (2026 INSC 1044), clarified the position of law on the interplay…
Hong Kong launches stakeholder consultation on arbitration law reform
A stakeholder consultation on proposed amendments to the Hong Kong Arbitration Ordinance has been launched following a review of the legislation by…
NYSBA’s Arbitration Training: A Valuable New Tool for Arbitrators and Counsel
On July 17-19, 2023, the New York State Bar Association held its 11th annual arbitration training program, co-sponsored by Cardozo Law School and…
Enforcing Third-Party Subpoenas in Arbitration: Supreme Court of Western Australia Rejects Oppression and Discovery Objections
The intersection of private commercial arbitration and judicial intervention frequently generates procedural friction, particularly concerning the…
East & Concord Partners Secures Favourable Award for Chinese Insurer in International Aviation and Aerospace Reinsurance Arbitration
The case arose from cross-border reinsurance arrangements involving global aviation, aerospace and energy risks. The transaction structure reflected…
Coventry & Warwickshire Development Partnership LLP v Avison Young (UK) Ltd
Avison resisted an application for summary enforcement of an adjudicator’s decision which awarded just under £9 million. Amongst the arguments put…
Case Update: New SICC Decision on Recoverability of Third-Party Funding Costs
Third-party funding (“TPF”) in Singapore was historically restricted by virtue of common law prohibitions against maintenance and champerty. In 2017…
第三者資金提供に係る費用の回収可能性に関する2026年シンガポール国際商事裁判所判決
シンガポールでは、第三者資金提供（Third-Party Funding。以下「TPF」という。）は、歴史的に、訴訟幇助（maintenance）及び利益分配特約付訴訟援助（champerty）を禁止するコモン・ロー上…
Liability Boundaries of Share Redemption in Commercial Arbitration
An arbitration case concerning a foreign-related share redemption dispute, jointly handled by partners Wang Yupeng and Yang Yingzhi from the Beijing…
English court willing to grant injunctive relief if emergency arbitrator cannot act in time: emergency powers under the Arbitration Act 1996
In TTSJV v BapCo (2026), BapCo engaged TTSJV under an EPC Contract to design, engineer, procure, construct, test and complete a modernisation…
International Arbitration Focus - Sector-Specific Arbitration Insight
Welcome to the second Reed Smith International Arbitration newsletter of 2026. Five years ago, in our opening newsletter of 2021 that was dedicated…
Setting new standard for arbitration appeals: Supreme Court to hear standard of review appeals of arbitral awards
On September 24, 2026, the Supreme Court of Canada (SCC) granted leave to appeal the Court of Appeal for British Columbia’s (BCCA) ruling in…